Legal Question in Wills and Trusts in California

What a lame BS excuse. I would sue the attorney for negligence for failing to use ordinary care to back up her data. But first I would subpoena the hard drive or offer to have the hard drive examined by a professional data recovery service.

You have a rather tricky problem there, but not an insurmountable one. Has anyone opened a probate case yet? That would be the place to start. The court can then order the will produced if there is evidence that one existed and who has it.

I would first check to see if a probate has been opened. If so, a copy of the will should have been lodged with the Court. Next you should file a request for special notice in that matter and, if appropriate, you can petition the Court for appropriate relief. Be sure to take note, of course, of any no-contest provisions. If no probate has been opened the children can petition the Court to be appointed executors. Although the problems are not insurmountable, the remidies can get a bit tricky. It would be best if the children hired an attorney.

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